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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I had a barrister on my case and he was pushing me to give

Customer Question

I had a barrister on my case and he was pushing me to give wrong information to the other party to change the story saying that its better to say it this was.I was not happy but it was the only lawyer I could afford. it was no win no fee firm. the other
party has provided some evidence, my barrister still wants me to change somethings. I was to cancel my contract with him and he said you have to pay for our costs because he says that i have given them misleading information.Because of the medicine that I
use I have bad memory and i have recorded the interview that we had to write my statement so that i could listen to it later. in this record its clear that he wants me to change some details to make my case stronger. can i use this record against him if he
wants to charge me? if yes how? I recently found out that recording of voice is illegal in NSW. what would be the consequences of using this as an evidence for me?
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You have a right to cancel the retainer with the barrister and you should raise these issues with the Solicitor that is acting for you.

You have to look at the agreement you have with the firm. Also you may be able to lodge a complaint against the barrister for acting improperly with the Legal Services Commissioner.

If you agree to being recorded it is not illegal. It is only illegal if you are being recorded without your knowledge.

Customer: replied 1 year ago.
I think you didn't understand my question?! I said I have recorded his voice and after i recorded i found out that it illegal. now can I use it as an evidence?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Leon replied 1 year ago.

You cannot use that as evidence it is not permitted

It is a breach of the law

Customer: replied 1 year ago.
even if he is pushing me to change the story? it doesn't have any consequences for him?
Expert:  Leon replied 1 year ago.

That is misconduct and he is breaching his duty not to mislead the court.

Customer: replied 1 year ago.
if I use the record I can show that he is misleading the court and breaching his duty. what would be consequences of using this record for myself? and for him?
Expert:  Leon replied 1 year ago.

Here is the section that you can be prosecuted under

http://www.austlii.edu.au/au/legis/nsw/consol_act/sda2007210/s7.html

there is a fine of up to $5,000.00

Customer: replied 1 year ago.
ok I would be happy to pay this fine but what would be the consequences of this for him? would this record be counted as an evidence?
Expert:  Leon replied 1 year ago.

You can use the recording to jog your memory and that is fine.

You cannot use it in court though.

You can transcribe what was said as conversation and this is your recollection that is ok.

Customer: replied 1 year ago.
I have heard in Queensland recording of voice is legal. what if i take it there and complain about him?
Expert:  Leon replied 1 year ago.

Are you in QLD or NSW?

It is the same in NSW but if you do not release it and simply type what is on it you can use the written document because it is your recollection.

Customer: replied 1 year ago.
in which state recording someone voice is legal?im in NSW
Expert:  Leon replied 1 year ago.

No state says it is legal.

Recording someone without their knowledge is not legal in any state. It is illegal and if you try and use the recording in court it will not be allowed

Customer: replied 1 year ago.
is there any exceptions? i read somewhere that in some cases you can use it as an evidence?
Expert:  Leon replied 1 year ago.

Only if you have a court order

But I am not telling you to use the recording.

In your complaint you have to write it out.

You the write out the conversation you recorded.

This then becomes your recollection.

What you have done is wring but once you put it in writing then it is what the conversation was between you and him and that is legal.

You do not play the recording. That will not be allowed.

Had you asked him if you can record what you say because you need ot jog your memory and he agreed then this is an exception